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(영문) 대전고등법원 2013.07.10 2013노231

현주건조물방화등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of all the charges of this case, although the fire in the judgment of mistake of facts was caused by the Defendant’s saves of a cigarette with saves, and the Defendant did not have intention to prevent fire. The court below erred by misunderstanding the facts, which affected the conclusion

B. When committing the instant crime against the victim, the Defendant was in a state of mental disability under the influence of alcohol.

C. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below based on evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, that is, in the case of LBC in which the fire of this case occurred, the Defendant, at least, had dolusence as to the fact that the Defendant, at the time, was aware that the Defendant was at least aware of the fact that the fire occurred due to one’s own cigarette packing, etc., and that, in the case of a fire that was caused by waste timber accumulated adjacent to the flus of the I building, it was necessary to throw away the flus of butts, in order to put the flus into a waste timber due to the characteristics of flusing butts, in order to put the flus in a flusium, the Defendant was at least aware of the fact that the flusing fluss

Defendant’s assertion is without merit.

B. In the lower court’s determination as to the claim of mental or physical disability, the Defendant asserted the same as the grounds for appeal as to the claim of mental or physical disability in this case, and the lower court rejected such claim on the grounds as stated in its reasoning. Examining the reasoning of the lower judgment in comparison with the records, the lower

This part of the defendant's assertion is without merit.

C. Of the instant crimes related to concurrent crimes against the assertion of unfair sentencing, the statutory penalty for the principal building and fire-prevention, of which punishment is the largest, is either life imprisonment or three years.